Case Type
Holdover-Licensee
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT 339575-23/BX
Petitioner
1712-1715 HDFC, INC.
Respondent
OLGA LAMBERT, JOHN DOE, JANE DOE
Judge
Donoghue, Elizabeth
Decision/Order Date
2025-10-29
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Landlord commenced a licensee/squatter holdover proceeding against the tenant, the daughter of the deceased prior tenant, seeking possession of a Project Based Section 8 apartment. The tenant asserted succession rights. The primary legal issue was whether the tenant's omission from the prior tenant's annual HUD recertification forms precluded her succession claim, given the building's Project Based Section 8 status. The court found that such an omission created a rebuttable presumption, not an absolute bar. After a trial where the tenant presented substantial documentary and testimonial evidence of co-occupancy that was largely unrefuted, the court ruled in favor of the tenant, dismissing the landlord's petition with prejudice on the grounds that the tenant had established her succession defense.
Keywords
HUD Project Based Rental Assistance; Absence from Household Comp not Fatal to Succession Claim
Recommended Citation
"1712-1715 HDFC, INC. v. Lambert" (2025). All Decisions. 2017.
https://ir.lawnet.fordham.edu/housing_court_all/2017
